Unit 2.1 The UK Constitution

Question 1

Define: Constitution

Answer 1

A set of rules that establish duties/powers/functions of government, regulate the relationship between institutions and define relationship between the state and the individual.

Question 2

What is the purpose of democracy/a constitution?

Answer 2

To protect rights (determine political power of the state)
establish justice and determine relationship between state and citizen
coexist in peace by establishing political processes
provide defence
promote general welfare
secure a future for later generations, etc…

Question 3

Define: Limited government

Answer 3

A form of government in which power is subject to limitations and checks, providing protection for the individual (opposite of arbitrary government).

“Man is not free unless government is limited” - Ronald Reagan.

Question 4

What are the features of the UK constitution?

Answer 4

Parliamentary sovereignty 
Uncodified 
Unitary
Flexible 
Fusion of powers

Question 5

List examples of a codified constitution

Answer 5

USA, Afghanistan, France, Germany, Ireland, North Korea, Russia…

Question 6

List examples of an uncodified constitution

Answer 6

UK, New Zealand, Israel, Canada and Saudi Arabia

Question 7

Define: Entrenched

Answer 7

Very hard to change, a device that protects a constitution from short term amendment.
Eg. Human rights

Question 8

Define: Fossilised

Answer 8

Endured over time

Question 9

What are the sources of the UK constitution?

Answer 9

• Common Law (made by UK courts/judges)
• Conventions (habits/norms)
• Statute law (constitutional relationships, passed by Parliament)
• Authoritative works (rules for a hung government)
• Foreign law (human rights)
• Traditions (rituals)
• Royal prerogative (PM powers)

Question 10

Define: Popular sovereignty

Answer 10

The idea that sovereign power is vested in the people and that those chosen to govern must exercise it in conformity of public opinion/will. Power resides with the people (eg polling day, referendums)

Question 11

Define: Parliamentary sovereignty

Answer 11

Makes Parliament the supreme legal authority which can create or end any law. Power resides with the Parliament (eg devolution).
Aka legal sovereignty -

Question 12

Describe a danger of referendum

Answer 12

The answer can result in how the question is worded (manipulation).

Question 13

Define: Devolution

Answer 13

Parliament giving/transferring some power to parts of the UK asymmetrically.

Question 14

What is the west Lothian question?

Answer 14

Should MPs from the RoUK be able to vote on English matters when English MPs can vote on devolved matters?

Question 15

Arguments for devolution

Answer 15

• National regions have different end demands/needs/cultures than England
• More democratic as it gives the people power
• Asymmetrical allows for different solutions for different problems
• Prevents the break up of the UK
• Reduces workload for British government

Question 16

Arguments against devolution

Answer 16

• West Lothian question
• Demands for independence fuelled by devolution so UK may break up
• Extra layer of government increased costs to taxpayer
• British government has retained important powers for itself
• Nationalists don’t have a separate voice in Europe
• Asymmetrical isn’t fair

Question 17

Arguments for a codified constitution

Answer 17

• May stop/prevent the abuse of power by the government and Prime Minister, limits power
• Citizens would be more aware of how the system works by clarifying the political system or relationships (eg. Devolution or EU)
• Might create more public engagement
• Rights and freedoms would be better protected - judicial review would become precise/transparent
• Brings the UK into line with other modern democracies

Question 18

Arguments against a codified constitution

Answer 18

• Political system would lose its flexibility (which is needed eg in reforms)
• May cause the executive to become less strong and decisive
• It would destroy many political traditions and so reduce public attachment to politics
• Lots of unwritten conventions will make it difficult to codify
• May put too much power into the hands of unelected/unaccountable/not socially representative judges who have to interpret a constitution
• We already have a stable political system - Conservatives

Question 19

Define: codification

Answer 19

The process of setting out a constitution in an organised way in a single document/single source.

Question 20

What is meant by the term flexibility?

Answer 20

The constitution can adapt to a changing world without major upheavals. UKs constitution, because of its flexibility, is rooted in society, not separate from society.

Question 21

Define: uncodified

Answer 21

A set of constitutional rules that exist, but are not contained in a single document. Also implies that the rules are not entrenched or safeguarded.

Question 22

Define: unitary constitution

Answer 22

Sovereignty resides in one location, at the centre. It is possible that some power may be distributed to regions and local governments, however the central sovereign power can overrule this and restore all political power to itself.

Question 23

Define: federal constitution

Answer 23

Sovereignty is divided between central bodies and regional institutions. This type of constitution usually arises when a number of sovereign states come together and agree to surrender some of their power to a central authority, but not all.

Question 24

Define: quasi federalism

Answer 24

A description often applied to both the European union and devolution in the UK, meaning that some features of federalism are present in our legal system.

Question 25

Define: constitutional reform

Answer 25

A process whereby the fundamental nature of the government is changed or where change is proposed.

Question 26

What 4 key areas has the UKs constitutional reforms been based on?

Answer 26

Democratisation - HOL reforms, electoral system reform (AV failed)
Decentralisation - Devolution, mayors
Modernisation - Fixed term parliament, more referendum use
Restoration of rights - ECHR, Freedom of information act

Question 27

Give examples of a statute law

Answer 27

1999 House of Lords act

1928 Equal franchise act (voting rights to women)

Question 28

Give examples of conventions

Answer 28

Salisbury convention- HOL should not block any legislation that appeared on the governments manifesto.
Collective responsibility.

Question 29

Give examples of historical principles/authoritative works

Answer 29

Parliamentary sovereignty.

Rule of law.

Question 30

Give an example of common law

Answer 30

The prerogative powers of the Prime minister, which the court guards.

Question 31

Give an example of traditional law

Answer 31

Queens speech opens the new parliament.

Question 32

Give an example of foreign/European law

Answer 32

Human rights act (1998)

Question 33

How can judicial review affect the constitution?

Answer 33

In effect, it rewrites the constitution by clarifying or altering its accepted meaning. Eg. The belmarsh case altered its terrorism act.

Question 34

Give an example of royal prerogative

Answer 34

Prime minister can declare war without conference.

Question 35

Strengths and weaknesses of the current British constitution

Answer 35

~Uncodified nor entrenched = flexible and adaptable, eg. May 2010 coalition was possible because of this
~Highly traditional, Britain hasn’t suffered any domestics since the 17th century civil war - enduring qualities
~Parliament isn’t completely restricted by constitution
~Public support achieved through traditional elements eg HOL
———
~Lack of restraints gives more power to government
~Traditions may be outdated or undemocratic eg FPTP, the monarchy and HOL
~Lacks separation of powers, government dominates parliament
~People are ignorant of the constitution, unawareness leads to apathy and lack of support

Question 36

Define: Pooled sovereignty

Answer 36

Where legal sovereignty is exercised collectively by a number of sovereign states, eg as in the European Union.

Question 37

Define: Political sovereignty

Answer 37

Refers to the location of real power, ignoring where legal power may lie and concentrating on who realistically can exercise power within the state.
Eg. Through a mandate, prerogative powers, devolution assemblies and general elections.

Question 38

What areas of jurisdiction has been passed largely to the EU?

Answer 38

Trade 
Agriculture
Fishing (Factortame case - EU laws are superior to UK) 
Employment law
Consumer law

Question 39

Compare uncodified to codified constitution

Answer 39

• Several documents vs. single documents
• Flexible vs. entrenched
• Less checks and balances vs. prevents abuse of power
• Freedoms not safeguarded vs. judges are important

Question 40

What are the 6 main functions of a constitution?

Answer 40

1. Determine how political power should be distributed
2. Establish political processes, the relationships between institutions
3. States what the limits of governmental powers are
4. Assert the rights of citizens against the state
5. Establish nationality, who is entitled to be a citizen and how
6. States how the constitution itself can be amended

Question 41

Which parts of the UK constitution are codified?

Answer 41

• Human rights act (1988)
• Devolution acts (1998)
Relationship with the EU (eg. Lisbon treaty 2009)
• Freedom of information act (2000)
• Status/conduct of political parties: Political parties, elections and referendums act (2000)

Question 42

Where does sovereignty lie in the UK?

Answer 42

• Parliament - legally sovereign can reclaim all powers including devolution.
• Prime minister and government -politically sovereign as they hold effective power, royal prerogatives. Devolved assemblies also have political sovereignty.
• People - popular sovereignty, hold power in cases such as referendums (entrenches?) although they are not binding it is unlikely that parliament would overrule the people.
• European Union - pooled sovereignty, EU law is superior in policies such as trade environment and employment.

Question 43

Give an example of when parliamentary sovereignty was used to ‘rewrite’ the constitution

Answer 43

HM treasury vs. Ahmed:
As a counter terrorism measure, the government began to freeze the bank accounts of suspected terrorists.
However the Supreme Court ruled that the government had acted ultra vires.
As a result the government passed new legislation - the terrorist asset freezing act 2010 (statute law) which gave them the powers that the Supreme Court claimed they lacked.